Rehabilitation
of existing dwelling units is now seen as a major component of maintaining
the housing stock of the nation. In short, housing is a resource.
It must be protected. The Berkeley Home Improvement Program is designed
to meet that goal.

Each
portion of the Home Improvement Program is designed to remedy either
an existing housing problem or prevent further problems. Using Federal
money appropriated for the Community Development Act to rehabilitate
housing can ensure every Berkeley resident of suitable dwellings.
It also protects and bolsters the value of all existing housing in
Berkeley by preventing any one (1) house from prompting decline in
an otherwise sound neighborhood.

This
program is for all the residents of Berkeley, whether or not they
qualify for a loan or grant. Each homeowner has the responsibility
to his/her neighborhood and his/her community to keep his/her dwelling
in suitable repair. This program will help those residents who are
under income restrictions to meet their neighborhood and community
responsibilities.

The
Home Improvement Program Director will administer the Home Improvement
Program and coordinate other programs to encourage neighborhood preservation
and/or rehabilitation. The Director will have the following duties
among others:

There
is hereby established a Berkeley Home Improvement Committee to oversee
the administration of the Berkeley Home Improvement Program and the
activities of the Director. The Committee shall consist of seven (7)
members, who shall be the Director of Public Works, one (1) member
of the Berkeley Betterment Commission, five (5) citizens appointed
by the Council, one (1) from each Ward. The City Manager and one (1)
member of the City Council shall serve as ex officio members. The
citizen members shall be appointed by the Council and shall serve
for a period of three (3) years except for those members first appointed,
one (1) of whom shall serve for one (1) year and one (1) of whom shall
serve for two (2) years, as determined by the Council. In the event
of the death or resignation of any member, his/her successor shall
be appointed by the Council to serve for the unexpired period of the
term for which such member has been appointed. All citizen members
shall be registered voters and residents of the City and serve without
compensation.

Duties Of The Committee. The Committee's functions and
duties shall be to review all home improvement incentive subsidy guaranteed
loan and grant applications to determine eligibility for participation
in the Home Improvement Program utilizing the criteria established
for participation in each phase of the program as outlined in this
Chapter. To this end the Committee shall have the following powers,
rights, and duties:

To establish all reasonable and necessary rules and regulations which
will enable them to secure from the Director or from the applicant
any and all necessary and pertinent information required by the Committee
in order to make a decision concerning an applicant's qualification
to participate in the program.

The Committee will make final determination on the qualifications
for participation of all applicants in the program, and no resident
shall be allowed to participate unless his/her application has been
approved by the Committee. In the event that applications for assistance
exceed the availability of funds, the Housing Committee shall be charged
with establishing priorities for participation and selecting those
applications which meet the criteria established by the Committee.

All rules, regulations, and guidelines established by the Committee
to facilitate the completion of its assigned duties shall be in writing,
approved by a majority of the Committee, and filed with the City Clerk.

The
Committee may stipulate the scope of the work to be done for each
individual grant, as well as the priority in which the repairs are
made. Generally, under all segments of this program, Code violations
will be priority repair items. The following repairs or replacements
will be considered acceptable under the program:

All segments of this program and all administrators, homeowners,
and contractors participating in the program will abide by the Equal
Employment Opportunity provisions of the Federal Government, as required
by the Housing and Community Development Act of 1974, and all amendments
thereto.

Work write-up will be handled by the City or its agent as part
of the assistance provided. Cost estimates and specifications will
be made at this time, and total cost of construction determined. Counseling
on acceptable repairs and loan total will be made with each applicant.
Total package will be presented to the Home Improvement Committee
for approval.

The City or its designee shall have the right to inspect all
rehabilitation work financed in whole or in part with the proceeds
of the loan, and will inform the borrower of any non-compliance with
respect to the contract for rehabilitation work, but will not issue
any orders or instructions to the contractor or subcontractor performing
the work. The borrower will take all steps necessary to assure that
the City or its designee is permitted to examine and inspect the rehabilitation
work and all contracts, materials, equipment, payrolls, and conditions
of employment pertaining to the work, including all relevant data
and records.

The Committee shall maintain a list of approved contractors
who shall be of good reputation, financially sound, bonded or insured,
and which have exhibited the necessary skills and resources to perform
the work required. The Committee shall periodically check its list
of contractors to ensure that they continue to meet the standards
listed in this Section. Applicants for participation in the program
may select contractors not contained on the Committee's list; however,
all such contractors must be checked and certified by the Committee
prior to the authorization for work to begin. Contractors must obtain
all necessary permits.

Self-help may enable a property owner to obtain a rehabilitation
loan by reducing the cost of an amount within the limits required
to qualify for a grant and/or loan, and simultaneously may make loan
repayment feasible. If self-help is approved by the Committee and
the property owner is authorized to perform the work himself/herself,
the amount of the loan or grant would provide funds to pay for materials
and equipment required to complete the work. In cases where the Municipal
Code requires work to be completed by an authorized contractor, self-help
will not be permissible. The Committee will determine whether the
person applying for self-help can complete the repairs in a professional
and workmanlike manner. All work done on a self-help basis will be
inspected by the City to ensure compliance with Code requirements.
The Committee can require the completion of portions of the repairs
required prior to approving the remainder of the loan or grant when
the work is being completed by the homeowner on an extended time basis,
and may place reasonable time limits upon the completion of work approved.

The City may, with the approval of the City Council, utilize
Community Development, CETA, or other available resources to hire
a rehabilitation work force which would perform some or all of the
work approved by the Committee.

No member of the Governing Body of the City who exercises any
functions or responsibilities in connection with the administration
of the community development rehabilitation loan/grant program, and
no other officer or employee of the City who exercises such functions
or responsibilities, shall have any interest, direct or indirect,
in the proceeds of this loan/grant, or in any contract entered into
by the borrower for the performance of work financed in whole or in
part with the proceeds of this loan. The borrower agrees that no member
of the City Council/Administration shall be admitted to any share
or part of the proceeds of the loan/grant, or to any benefit to arise
from the same.

All
participants will sign a deed of trust and a five (5) year forgivable
note providing for an annual remission of twenty percent (20%) of
the original amount of the grant as long as they continue to own and
occupy said premises.

A homeowner must be the owner and occupant of the property, provide
proof of recorded deed, paid homeowner insurance policy, paid real
estate tax bill, provide Social Security numbers and date of birth
for all household members, proof mortgage payments are current, proof
trash bill payments are current, current occupancy permit with all
household members listed and picture identification.

Income requirements. Gross household income from
all occupants must meet established low-moderate income guidelines,
not including income of dependent minor children. Documents required
are most recent Internal Revenue Service Forms (1040, 1040A or 1040EZ)
and W-2s, Social Security 1099 forms, child support payments, public
aid and pension plan.

To further assist homeowners to obtain financing, a guaranteed
fund may be developed at the discretion of the Committee. In cases
where the homeowner is unable to qualify for the loan even with a
rebate, the loan portion of the construction cost may be secured by
the loan guaranteed fund in addition to the rebate. This Section of
the program is directed at hardship cases where both credit and tight
budgets are a serious problem for the homeowner, under no circumstances
shall the guaranteed loans exceed twenty percent (20%) of the total
loans outstanding, and the guaranteed loan fund shall at all times
contain a minimum of fifteen percent (15%) of the amount of all loans
guaranteed under the program. The maximum repayment period is five
(5) years.

Purpose. The City seeks to create a positive impact in City neighborhoods
by creating an atmosphere for residents to enjoy a good quality of
life by creating a thirty-percent limitation of single-family rental
homes per residential block.

Classification; Limitation of rental housing in City neighborhoods.
"R-1," "R-2" and "R-3" districts of the City shall have no more than
thirty percent (30%) rounded up of the lots on any block that shall
be eligible to obtain certification and annual rental license as a
rental property. When determining the number of eligible properties
on a block the number shall be the lowest number that results in thirty
percent (30%) or more of the residential lots being rental. In cases
in which one portion of the block is in an affected zone and another
is in an exempt zone, only the affected portion is subject to this
regulation.

Exceptions. This limitation shall not apply to rental properties
which are already in place as of the date of adoption of this Section.
The latter will be counted among the thirty percent (30%) of allowable
rental houses for purposes of determining whether new licenses may
be issued.

Exempt Districts. Property located within the following zoning districts
are exempt from this rule: "R-4," "C-1," "C-2," "C-3," "M-1," "M-2,"
"AD," "AD-3" and "P-1." Notwithstanding the foregoing, a property
owner whose property is subject to the thirty-percent limitation may
obtain a temporary rental license for his or her property for a period
of time not exceeding twelve (12) consecutive months under the following
conditions:

The property shall be licensed only for one of the following:
one adult living alone or two unrelated adults living together with
any dependents by birth, adoption or law, or any number of person
related by blood, marriage, adoption, or law.

A copy of the lease agreement shall be deposited with the City
Public Works Inspections Division within one (1) week from the date
of the execution of the lease and before an occupancy permit will
be issued.

Definitions. Where terms are not defined they shall have their ordinary
accepted meanings within the context which they are used. Webster
Third New International Dictionary of the English Language Unabridged
copyright 1986 shall be considered as providing ordinary accepted
meanings. Words in the singular include the plural and the plural
the singular. Words used in the masculine gender include the feminine
and the feminine the masculine.

Is a group of properties bounded entirely by streets, public
land, railroad, rights-of-way, zoning district lines, corporate limit
lines, or physical features such as rivers, ponds, or lakes, provided
that final delineation of a block shall be made by City staff.

Is a room or enclosed floor space used or intended to be
used for living, sleeping, cooking, or eating purposes, excluding
bathrooms, water closets compartments, laundries, pantries, foyers,
or communicating corridors, closets, and storage spaces.

Direct rehabilitation grants, geared to those having severely limited incomes which do not permit home maintenance expenses or permit homeowners to participate in home improvement loan programs, shall be authorized for qualifying homeowners who are approved by the Home Improvement Committee. Grants will be provided one (1) time only for a housing unit, and the total amount of this grant will be restricted to a maximum of eight thousand five hundred dollars ($8,500.00). Funding required in excess of eight thousand five hundred dollars ($8,500.00) will be considered on a fifty percent (50%) cost-sharing basis between the City and the homeowner. The total amount of the grant should be no more than the difference between the fair market value of the rehabilitated property and the total outstanding debt on the property. All property should be suitable for rehabilitation, as determined by the Home Improvement Committee. All grants awarded will be secured by a Deed of Trust. If at the end of five (5) years the applicant has remained in the dwelling unit improved by the grant awarded under this Section, the Deed of Trust against the property will expire. If the participant moves from the dwelling unit or sells the dwelling unit prior to the end of the five (5) year period, the participant will be required to repay to the City a portion of the grant equaling twenty percent (20%) for each year below the five (5) year minimum which the individual did not live in the dwelling or sold it. Grants will be given to qualifying applicants to cover the full cost of acceptable repairs, as defined in Section 510.050 when a grant is authorized by the Committee.

Direct rehabilitation grants may be provided when home improvement assistance is required by homeowners who cannot afford to correct a failure in structural or basic home systems which if left unattended will seriously jeopardize the health and welfare of the occupants or the structural safety of the dwelling unit. Only emergency repairs will be made under this program. Repairs to, but not limited to, heating systems, plumbing systems, electrical systems and structural failures which includes roofs which are leaking or windows which are broken and all other repairs deemed by the Home Improvement Committee to be of an emergency nature may be made under this Section. Persons applying for emergency assistance must meet all of the program requirements as outlined in Section 510.170 of this Chapter and the eligibility requirements as stated in Section 510.190 of this Chapter. Persons qualifying for emergency assistance will be required to apply for home improvement assistance as specified in Section 510.170 of this Chapter to bring the total up to the requirements specified in the minimum Maintenance Code. The Home Improvement Committee may authorize emergency repairs in some cases if it determines that it is not feasible to rehabilitate an entire dwelling unit.

The Residential Resource Program will allow the City to purchase
substandard housing units being offered for sale in the City at a
depressed market price. The purpose of this program is to rehabilitate
substandard housing units which are having an adverse impact upon
our residential neighborhoods, and to resell the rehabilitated units
to owner-occupants at or near their full market value. All units purchased
under this program must be approved by the Committee and be authorized
by ordinance of the City Council. The Council must also approve any
agreements entered into by the City regarding the repairs to be completed
on the dwelling. All dwelling units purchased under this program will
be rehabilitated according to the current Housing Maintenance Code
to ensure not only the livability of the unit, but to ensure a reasonable
life span as well.

The
Home Improvement Committee may authorize the purchase of exterior
paint for persons meeting the fifty percent (50%) rebate guidelines,
and may authorize the Community Development Director to approve the
paint grants. The Clean-up/Paint-up program will require the homeowner
to make proper preparations for the application of exterior paint
at the City's expense. Also, the lot on which the unit is situated
must be free of debris, litter and refuse before any paint is supplied
to the homeowner.

The
homeowner will apply the paint in a workmanlike manner and according
to the home improvement guidelines. All phases of the work will be
inspected by the Community Development Department to ensure that the
work is proceeding in an acceptable manner. The homeowner will have
sixty (60) days to complete the work from the date of application
approval.

Eligibility to purchase property rehabilitated under the Residential
Resource Program will be extended to any person who will have the
financial capability to maintain the rehabilitated dwelling and to
obtain the necessary financing required to purchase the dwelling at
a price acceptable to the City Council. The Committee must interview
and approve every prospective purchaser. The past housing experience
of each prospective purchaser will be reviewed and the family composition
checked to ensure compliance with the space requirements contained
in the Municipal Housing Code.

Whenever high mortgage interest rates or general economic conditions make it unfeasible to sell homes rehabilitated under Section 510.200 of this Chapter, the City may dispose of these properties under a lease-purchase option. Lease-purchase of rehabilitated properties will only be utilized when no bids are received from qualified buyers. A lease-purchase will only be utilized under the following conditions:

A five percent (5%) down payment was paid to the City at the time
the lease-purchase agreement was signed and the purchaser agreed to
occupy the unit for four (4) years after the anticipated purchase
is completed.

The term of the lease will be for one (1) year renewable and the
lessee must actively seek financing to purchase the property. If the
lessee fails to purchase the property, or renew the lease, the five
percent (5%) down payment plus all lease payments will be forfeited
to the City.

The lessee must agree to make monthly payments which will be determined
by the City based upon the cost of purchase and rehabilitation of
the house amortized over twenty (20) years at the City's actual cost
plus all property taxes, insurance and ten percent (10%) for administration.
The portion of the rent that represents actual cost to the City for
purchase and rehabilitation will be credited toward the purchase price
of the home according to the following schedule:

The lessee will agree to provide for all routine maintenance of the
dwelling unit and will pay all utilities and other incidental costs
resulting from his/her occupancy of the unit during the term of the
lease agreement.

Any person violating the provisions of this Chapter shall, upon
conviction, be fined not more than five hundred dollars ($500.00)
or ninety (90) days in Jail, or both fine and imprisonment. Each day
shall be considered a separate violation.

There
is hereby established a Berkeley Local Development Corporation. The
corporation shall consist of business, professional, local government
officials, and citizens interested in the economic welfare of the
City of Berkeley. At least seventy-five percent (75%) of the entire
membership of the corporation shall reside in or operate a business
in the City of Berkeley.

The
affairs of the corporation shall be conducted by a Board of Directors
consisting of seven (7) regular members of the corporation. The Board
of Directors, by majority vote, shall approve each application for
membership in the corporation. The Board of Directors shall consist
of the following: The City Manager or designated representative, who
shall be an Administrative Official of the City; the Council of the
City of Berkeley shall appoint one (1) member of the Council; the
Berkeley Betterment Commission shall appoint one (1) member of the
Commission; and four (4) Board members shall be elected by the general
membership. One (1) of the four (4) Board members elected by the general
membership shall operate a business located in the Airport Road business
district. One (1) of the four (4) Board members elected by the general
membership shall own or operate a business located in any of the City's
industrial parks. The remaining two (2) members shall be elected at
large from the general membership.

Provisions
for the Board members' term of office and the filling of vacancies
on the Board of Directors shall be in accordance with the established
by-laws of the Berkeley Local Development Corporation.

The
corporation is formed for the purpose of planning and implementing
projects and activities which shall foster economic growth in the
City of Berkeley. The corporation shall encourage and provide financial
assistance and incentives for businesses within the City and those
locating within the City of Berkeley; promote existing commercial
and industrial businesses in the City; plan renovations of the commercial
and industrial businesses in the City; and to assist in the economic
growth of small businesses in the City.

The
corporation is empowered to authorize the President to enter into
any contract or execute and deliver any instruments in the name of
the corporation in accordance with the established by-laws of the
Berkeley Local Development Corporation. No liens or indebtedness shall
be issued in the name of the corporation unless authorized by a resolution
of the Board of Directors. The corporation shall issue checks, deposit
funds, and prepare specifications for purchases in accordance with
the established by-laws of the Berkeley Local Development Corporation.

The
corporation shall establish rules and procedures (by-laws) not inconsistent
with the laws of the United States or the State of Missouri or the
Charter of the City of Berkeley for guidance and execution of its
activities as it deems necessary.